ORDER
P. Jyothimani, J.
1. Mr. K. Mahendran, learned Special Government Pleader takes notice on behalf of the respondents.
2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent of both the counsel, the writ petition itself is taken up for final hearing.
3. This writ petition is filed for direction against the respondents to disburse the subsistence allowance of the petitioner for the period from 10.4.2004 to 30.9.2005 to the tune of Rs.60,718 in accordance with the provisions of the Tamil Nadu Payment of Subsistence Allowance Act, 1981.
4. The case of the petitioner is that he was placed under suspension from 10.4.2004 and ultimately removed from service by the first respondent by his order dated 30.9.2005 based on the departmental proceedings. He has been giving many representations to the respondents to pay the subsistence allowance for the period of suspension namely, from 10.4.2004 to 30.9.2005 and in spite of the representations, the respondents have not been heeded to the request. There is a mandatory duty cast on the respondents under the provisions of the Tamil Nadu Payment of Subsistence Allowance Act, 1981 and when that mandatory duty has been failed, the petitioner has been driven to this Court by way of filing this present writ petition.
5. Mr. K. Mahendran, learned Special Government Pleader would submit based on the instructions that even though under the Act there is a liability cast on the respondents to pay the compensation, it is true that the petitioner was ultimately terminated from service by the order dated 30.9.2005 and therefore, according to him after the termination he would not be entitled for the allowance.
6. I do not agree with the said contention. As per the provisions of the Act 43 of 1981, even though an employee has been terminated from service, he has the right to get subsistence allowance for the period of suspension, and when that is taken away in this matter, the writ petition is entitled to be allowed. Accordingly the writ petition is allowed. However, it is made clear that the amount of subsistence allowance for the period mentioned will be calculated by the respondents, in accordance with Rules applicable to the present case and pass appropriate orders. Such exercise shall be done within four weeks from the date of receipt of a copy of this order. No costs.